Via Certified Mail #
To: Joseph F. Bird, Owner and Registered Agent
The Clothes Depot, Inc.
890 East Walnut Street
Martinsville, Indiana 46151
Case No. 2001-11063-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on October 23, 2001, The Clothes Depot, Inc. ("Respondent"), located at 833 East Morgan Street, Martinsville, Morgan County, was in violation of the following environmental statute(s), rule(s), and/or permit(s):
A. Pursuant to 40 CFR 63.322 (j), the owner or operator of a dry cleaning facility must store all perchloroethylene and perchloroethylene-containing waste in solvent tanks or solvent containers with no perceptible leaks. The facility was storing perchloroethylene waste where the lid was not making a complete seal with the container, a violation of 40 CFR 63.322 (j).
B. Pursuant to 40 CFR 63.323 (d), the owner or operator of a dry cleaning system must calculate the 12 month rolling total of perchloroethylene consumption on the first day of each month, even if there are no perchloroethylene purchases. This facility did not properly calculate the perchloroethylene consumption for the months of November 1999, January, February, March, June and August, 2000, and May, June, August, and September, 2001, a violation of 40 CFR 63.323 (d).
C. Pursuant to 40 CFR 63.324 (d), the owner or operator of a dry cleaning facility must maintain all perchloroethylene purchase receipts and required logs for no less than five years. This facility did not properly maintain the perchloroethylene purchase record for the months of May, September, October, and December, 1998, March, May, July, September, and December, 1999, February, May, July, and October, 2000, February, April, June, and July, 2001, a violation of 40 CFR 63.324 (d).
D. Pursuant to 40 CFR 63.324 (d) (1) (2), the owner or operator of a dry cleaning facility must maintain a log of the amount of perchloroethylene purchased in the prior month and the total amount of perchloroethylene purchased in the prior twelve months. The facility was not properly maintaining the log of perchloroethylene purchases and the rolling total amount of perchloroethylene purchased since May 1998, a violation of 40 CFR 63.324 (d) (1) and 40 CFR 63.324 (d) (2).
E. Pursuant to 40 CFR 63.324 (d) (3), the owner or operator of a dry cleaning facility must maintain a log of the dates when leak detection inspections are conducted on dry cleaning system components. The facility did not maintain a log of leak detection inspections during October, 1999, January, 2001, May, 2001, June, 2001, July, 2001, August, 2001, September, 2001, and October, 2001, a violation of 40 CFR 63.324 (d) (3).
F. Pursuant to 40 CFR 63.324 (d) (5), the owner or operator of a dry cleaning facility must maintain a log of weekly temperature readings of the refrigerated condenser exhaust. This facility did not maintain a log of weekly temperature readings during October, 1999, January, 2001, May, 2001, June, 2001, July, 2001, August, 2001, September, 2001, October, 2001, in addition, there were no temperature measurement records for November 12, 1999, December 17, 1999, August 25, 2000, and October 27, 2000, a violation of 40 CFR 63.324 (d) (5).
In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.
Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.
If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.
Please contact Melissa Farrington at (317) 232-8409 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.
For the Commissioner:
Date: Signed 4/30/02
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Morgan County Health Department
Jay Rodia, Office of Legal Counsel
Melissa Farrington, Office of Enforcement
David Rice, Office of Air Quality
Enforcement File
Public File
http://www.ai.org/idem/